Terms of Use

valid from 24th of October 2023. Version: 2.0

This Website is operated by Stockphotos.com GmbH and serves the purpose of providing you with access to stock media and Services and Apps accessible through Website. . The use is subject to the following conditions.

1 Access to the Website, functionality

1.1 You have the right to access and use the Website for its intended purposes.

1.2 You may not misuse the Website. In particular, you may not use the Website in a manner that is likely to impede or disrupt access to the Website, damage the Website, or otherwise interfere with the Website. You may not use the Website for fraudulent or unlawful purposes.

1.3 We reserve the right to expand, restrict or change the functionality, appearance, and content of the Website at any time.

2 Your account on the Website

2.1 To use some features of the Website you need an account and must be logged in to this account. Registration of multiple accounts is not permitted by mutual explicit understand-ing between you and us. For the avoidance of doubt: multi seat accounts may be used by multiple users of the same organization.

2.2 You are not authorized to share access information to your account or otherwise share your account. If you have reason to suspect that your account and access data have been compromised, please notify us immediately.

2.3 You are responsible for the completeness and correctness of all data you enter. Please verify the accuracy and completeness of this data.

2.4 We reserve the right to close accounts, especially in case of violation of these Terms of Use or applicable law.

3 Conclusion of contracts, data transfers

3.1 Contracts for licensing stock media offered on this Website are concluded with us. You may choose between different license types. The scope of the rights of use granted can be found in our license conditions.

3.2 By using the "Download" button on the media content, you offer to us the con-clusion of a contract for the licensing of a media content, which we accept by providing such media content as a download.

3.3 When using our Website and licensing stock media, we collect and process per-sonal data. The details of this can be found in our privacy policy.

4 Right of Withdrawal (for consumers)

As a consumer, you have the right to cancel this contract or any contract con-cluded on the Website within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the prod-ucts.

To exercise your right of cancellation, you can inform us by mail or in text form via E-Mail of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). For this purpose, you can use the model withdrawal form, which is, however, not mandatory.

To comply with the cancellation period, it is sufficient that you send the notifica-tion of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the addi-tional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, charac-teristics and functioning of the goods.
Please note that the right of withdrawal expires in the case of a contract for the supply of digital content by download when the entrepreneur has started execut-ing the contract with the consumer's consent and has confirmed his knowledge that his consent means that he loses his right of withdrawal when he starts exe-cuting the contract.

5 Information

The information on the media content offered (information on ownership, obtain-ing third-party rights) as well as the media content itself are provided by the re-spective media author or our suppliers and checked by us to the best of our knowledge. The factual or technical correctness of the data is not assured.

6 Services and Apps accessible through the Website

6.1 Services and Apps accessible through the Website may only be used for lawful purposes. In particular, the services and apps may not be used in connection with content or in order to create content that:
• creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement;
• creates a risk of any other loss or damage to person or property;
• seeks to harm or exploit children by exposing them to inappropriate con-tent, asking for personally identifiable details or otherwise;
• may constitute or contribute to a crime;
• contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of per-sonal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable under law;
• contains information or content that is illegal (including, without limita-tion, the disclosure of insider information under securities law or of an-other party’s trade secrets);
• contains any information or content that you do not have a right to make available.

6.2 The Services and Apps accessible through the Website must not be used in con-nection with content that infringes the rights of any third party, including any in-tellectual property rights or privacy rights.

7 Magic AI Edits

7.1 You may use Magic AI Edits on certain designated content. The Magic AI Editor will allow for certain edits on such content as shown in the editor. While the use of the AI Editor is free, the download of modified content may be subject to sep-arate remuneration.

7.2 In addition to Section 6.2 of these Terms of Use, You must not use Magic AI Edits and/or the content modified by Magic AI Edits to

• mislead anyone about the use of AI on the content;
• mislead anyone about the identity of the models shown in the content, and in particular you must not create deep fakes;
• Provide medical advice or any content regarding the treatment, preven-tion, diagnosis or transmission of diseases;
• Provide legal or financial advice;
• Generate political content;
• Generate spam;
• Generate nudity or shocking content;
• Generate or disseminate information to be used for the administration of justice or other legal purposes.

7.3 Be advised that some jurisdictions require the labeling of content that was AI generated or modified and/or content in which the body, face, or appearance of people shown in the content was altered. It is your obligation to use the content in a lawful manner.

8 Trademarks and industrial property rights

8.1 The data and databases, search results, media contents, graphics, texts, software, and scripts as well as other materials that can be accessed on this Website and are protected as trademarks, under copyright or industrial property rights are subject to our property or the property of. Uses are only permitted with our consent or within the permissions granted by applicable law.

8.2 We do not permit the integration - even of parts - of this Website by way of framing into third party sites; we further do not permit the use of databases or the Website by bots, crawlers and by way of scraping.

8.3 Trademarks and industrial property rights displayed on this Website remain the property of the third parties concerned. We do not grant licenses to these trade-marks and industrial property rights, nor are we authorized to do so.

9 Term and Termination

9.1 The contract for the use of the Website is made for an indefinite period.

9.2 The contract can be terminated at any time without giving reasons. Rights of use to media content acquired before termination of the contract survive such termi-nation.

10 Availability

We make every effort to ensure the permanent availability of the Website. How-ever, your access to the Website may occasionally be impaired or interrupted for technical reasons or for the purpose of expanding the functionality, maintenance, and servicing of the Website.

11 Liability

11.1 We shall be liable, irrespective of the legal grounds, only in the event of intent or gross negligence, unless otherwise stipulated below. Compensation for the breach of essential contractual obligations shall be limited to the foreseeable dam-age typical for the contract. Essential contractual obligations, also so-called cardi-nal obligations in the sense of established case law, are obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which you may therefore rely and trust.

11.2 The liability is not limited
• in case of injury to life, body or health;
• in the event of the assumption of a guarantee;
• in the event of a breach of material contractual obligations;
• in the event of mandatory liability under the Product Liability Act;
• in case of other mandatory liability.

11.3 If claims are asserted against us by third parties because you have not complied with the provisions of these GTC, the license terms or other applicable law, you shall indemnify us.

12 Amendment of these Terms of Use

12.1 We are entitled to change or amend these Terms of Use if you are not unreasona-bly disadvantaged thereby and insofar as this is necessary
• for legal reasons (such as changes in laws or supreme court rulings),
• for safety reasons, or
• when the functionality of the Website changes.

12.2 If we make changes, we will notify you of this with reasonable notice and inform you of the rights to which you are entitled. Unless you object to the changes be-fore they are scheduled to take effect, they will become effective.

13 Final Provisions

13.1 Insofar as you are not a consumer, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.2 Should any provision of this contract be invalid, this shall not affect the validity of the remainder of the contract. This also applies to any loopholes in the contract.

14 EU online dispute resolution

14.1 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers

Document Version History

Version Valid from Valid until
1.0 1st June 2022 23rd October 2023
2.0 24th October 2023